Gauhati High Court
Page No.# 1/4 vs The State Of Assam And Anr on 24 June, 2025
Page No.# 1/4
GAHC010133902025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.Pet./709/2025
RAJIB LUTHANI ALIAS RAJIB LONGTHULU AND ANR
SON OF SRI BIREN LUNTHANI
R/O VILL- LOKHRA KHEPINJAL, LOKHRA, GUWAHATI,
P.S. GORCHUK,
P.O. ODALBAKRA
DIST. KAMRUP (M), ASSAM
PIN-781034
2: SAHIH LUNTHANI @ NANDESWAR LUTHANI @ NANDESWAR
LONGTHULU
S/O SRI BIRANDI LUNTHANI
R/O VILL- LOKHRA KHEPINJAL
LOKHRA
GUWAHATI
P.S. GORCHUK
P.O. ODALBAKRA
DIST. KAMRUP (M)
ASSAM
PIN-78103
VERSUS
THE STATE OF ASSAM AND ANR
REPRESENTED BY THE PP, ASSAM
2:SMTI. SARADA DEVI
W/O MEGH PRASAD UPADHAY
R/O VILL- LOKHRA
BETKUCHI
GUWAHATI
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P.S. GORCHUK
P.O. ODALBAKRA
DIST. KAMRUP
ASSAM
PIN-78103
Advocate for the Petitioner : MR. T DEURI, U BHARADWAJ,MS. L WANGSA,MS A DAS
Advocate for the Respondent : PP, ASSAM,
BEFORE
HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI
ORDER
Date : --24.06.2025
Heard Mr. T. Deuri, learned counsel appearing for the
petitioner. Also heard Mr. R. J. Barua, learned Additional Public
Prosecutor appearing for the State respondent.
2. By way of this petition, the petitioner is assailing the impugned
order dated 21.05.2025 passed in Miscellaneous Case No.31 M/2015
(arising out of Complaint Case No.3388c/2008), by the learned Chief
Judicial Magistrate, Kamrup (M).
3. Issue notice, returnable in 3(three) weeks.
4. Mr. R. J. Barua, learned Additional Public Prosecutor, Assam,
accepts notice on behalf of the respondent No.1. Let extra copies be
served within the course of the day.
5. Steps in respect of the respondent No.2 be taken through
registered post with A/D within a period of 3(three) days from today.
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6. Mr. T. Deuri, learned counsel for the petitioner in support of the
interim prayer submits that despite this court in the case of Rajib
Lunthani alias Rajib Longthulu and another v. State of Assam
and another, in Criminal Petition 923/2015, and Sarada Devi v.
The State of Assam and Ors. , in I.A.(Crl)/53/2016, by judgment &
order dated 30.01.2017 clarified that the trial court shall proceed with
the miscellaneous case No. 31M/2015, pending before the court
without however taking into account the new scheduled given by the
petitioner in the said case, the trial court by the impugned order dated
21.05.2025 has taken into account the new schedule given by the
petitioner.
7. The operating portion of the impugned order dated 21.05.2025
passed in Misc Case No. 31M/2015 reads as hereunder: -
"In the backdrop of the aforesaid facts of the
case, the Officer In-Charge of Garchuk Police
Station is directed to take all possible legal
steps/measures to ensure that the possession of the
land in question (A plot of land measuring One (1)
Katha, Ten (10) Lessas situated at Lakhara Chariali,
Betkuchi on the right side of N.H. 37 while moving from
Jalukbart to Beltola, and is covered by Dag No. 1243,
Patta No. Niz-Kheraj land Under Mouza- Beltola, P.S.
Garchuk in the District Kamrup (Metro) and Bounded by
North: Highway; South: Lakhimi Towar house; East:
Sahi Lunthuni; West: Prabhat Das) be restored to the
complainant, Smt. Sarada Devi, within 15 days
from receipt of this order and submit report accordingly"
8. Reading the aforesaid order, it appears that despite no schedule
of land having been provided in the original complaint, upon being
directed by the court, the new schedule appears to have been given;
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however, despite this court having been directed that the new
schedule be not taken into account, prima facie it appears that the
same has been taken into account.
9. In view of the above, until the next date, the operation of the
order dated 21.05.2025 passed in connection with Misc Case No.
No.31M/2015 (arising out of Complaint Case No.3388 c/2008), by the
learned Chief Judicial Magistrate, Kamrup (M), shall remain suspended.
10. List the matter after 3(three) weeks on a date to be fixed by the
Registry.
JUDGE
Comparing Assistant
